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[budy1]

I have improved a device that doesn't have a patent, but this device can be bought. With my improvements the device doesn't need a computer, it works autonomously, mechanicaly it operates in the same way and it looks similar. I have modified the command and control circuit, I have removed a couple of sensors and added new types o sensors.

The inventor of the device uses a TM  for the name and I haven't found a patent for his device.

Can I patent the device with my modification using a different name?

[Kaitlin]

You've actually got two different unrelated issues here.  One concerns the name used with the device, the other concerns the improved device's patentability. 

THE NAME:  If the seller of the prior art device is using a "TM" next to a name for the device, then s/he is claiming a trademark in that name (that is, a "brand" for that product).  This name has nothing to do with whether or not you can patent an improvement on the device.  What the "TM" does mean is that if you try to sell a similar device with the same or a confusingly similar name, the alleged trademark owner might come after you for trademark infringement.  (Whether or not they would actually have trademark rights they could enforce is another story, but you don't want to be deliberately trading on someone else's claimed trademark when you have other choices in any event.)

PATENTABILITY:  I'm not a patent attorney, but would expect any improvement to the original device would need at a minimum to meet the same test as for any patent -- namely whether it is novel, useful, and non-obvious--and it takes someone trained in patents to properly assess those factors.  And that would not end the inquiry, as other factors come into play as well.  I'm also concerned that you may have mistakenly concluded that there is no patent on the original device. 

I'll leave to the patent people to speak to the patent aspects, though.  (While waiting, you might like to look at some of the threads under "improvement patents" http://www.intelproplaw.com/ip_forum/index.php/board,18.0.html .)

[terrycan]

Dear budy1

Congratulations on your invention.

Sounds like you are confident your invention works.

Now comes the hard part. How do you make money with your idea?

A good book for you is Profit From Your Idea by Richard Stim

Is it possible to assemble your product from off the shelf hardware?

If the answer is yes setting up a lean and quick response manufacturing system should fairly simple and not require a huge investment.

I have over 30 years experience in manufacturing and would enjoy to speaking with you.

massive success to you

Terry Cantwell

http://www.protect-new-idea.com

[patag2001]

I suggest reading the URL below to get a better understand on patents.

Generally, a patent (utility) is written to a particular structure or process.

https://ramps.uspto.gov/eram/getMaintFeesInfo.do;jsessionid=0000_5oSHwIGlLlcWFXHw7FsJAk:11g0uepfb

I hope this helps!

[patag2001]

Sorry, I provided the wrong URL in my previous post.

http://www.uspto.gov/web/offices/pac/doc/general/index.html